FRANKFORT DISTILLERIES v. LABROT & GRAHAM

No. 1208.

34 F.Supp. 131 (1940)

FRANKFORT DISTILLERIES, Inc., v. LABROT & GRAHAM, Inc., et al.

District Court, E. D. Kentucky.

July 25, 1940.


Attorney(s) appearing for the Case

Carroll & McElwain, of Louisville, Ky., and Raymond J. Mawhinney and Bernard F. Garvey, both of Washington, D. C., for plaintiff.

Leslie W. Morris and Marion Rider, both of Frankfort, Ky., and Browne & Phelps, of Washington, D. C., for defendants.


FORD, District Judge.

After careful consideration of the evidence in this record and the briefs filed by the parties, I have reached the following conclusions:

The plaintiff's trade-mark "Old Baker", the predominant feature of which is the word "Baker", an ordinary surname, is not the subject of exclusive appropriation as a common law trade-mark, but was made registrable and entitled to statutory protection as a "trade-mark" by the fifth proviso of section...

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